Last week, the Supreme Court issued what should be two relatively uncontroversial opinions. One affirmed that people faced with ruinous penalties are entitled to a trial; the other said that when they ...

The House of Representatives recently debated a resolution to censure Del. Stacey Plaskett (D-Virgin Islands), raising questions about whether members accused of wrongdoing should be entitled to due ...

Two weeks ago, a divided Eleventh Circuit panel ruled (in Littlejohn v. School Board of Leon County) that parents could not pursue a claim that a school board violated their substantive-due-process ...

As Supreme Court Justice Felix Frankfurter put it: "The history of American freedom is, in no small measure, the history of procedure." The scale of threats to due process, however, has greatly ...

Sir William Blackstone famously said that it is "better that ten guilty persons escape, than that one innocent suffer." The maxim expressed by that English jurist was perhaps no more popular in 1765 ...

Last month a federal court of appeals judge made a startling assertion. “Nazis,” she said, “got better treatment under the Alien Enemies Act” than people suspected of being members of a Venezuelan ...

President Donald Trump shakes hands with the El Salvador Prime Minister Nayib Bukele in the Oval Office of the White House in April. KEN CEDENO Sipa USA The Trump administration wants to obliterate ...

Procedural due process ensures that the government follows fair methods, while substantive due process examines the content of government action itself, forbidding certain governmental intrusions ...

-Do non-citizens have the right to due process? - What is the Alien Enemies Act? - Ways to advocate for due process rights of non-citizens Due process is a fundamental right guaranteed by the U.S.

Hans von Spakovsky is an authority on a wide range of issues—including civil rights, civil justice, the First Amendment, immigration. Immigration cases are civil rather than criminal proceedings, and ...

The administration wants to do what it chooses without checks upon its powers. That is a dictatorship, not a constitutional democracy. Photo from the White House, Facebook The Trump administration ...